SMT. RAVI SUSHA: PRESIDENT
Complainant filed this complaint U/s 12 of Consumer Protection Act 1986, seeking to get an order directing opposite party to refund the deposited amount and for compensation alleging deficiency in service on the part of opposite party.
The brief facts of the case is that complainant has an SB account with OP bank bearing No.10812621026. Ever since the opening of a savings bank account bearing the number 10618621026 the complainant’s husband used to send money in this account. As a lay woman and a house wife the complainant had been using the cheque leaves for monthly withdrawals. On noting the difficulties, and to wait for hours together for the withdrawals through cheques, the bank officials have been recommending the complainant to keep in touch with the bank to obtain fresh PIN Number as the complainant forgotten her PIN number. Complainant alleged that a toll free No.1800-112-211/1800-425-3800 was given by the bank officials as an official contact number of the assurance of fresh PIN number to the complainant. There upon the complainant contacted through the said toll free number on 02/09/2015 and disclosed when reciprocally demanded to give the ATM card Number, validity, rear side Number written on the ATM card, SB account number, address etc to them. On parting the said information, reciprocated further that an extra amount would be charged for giving new pin number and the number would be given only after two weeks. On 15/09/2015 at 8.45 am the complainant got a call in her mobile number (9446812467), which was linked with the account number specifically furnished with the SBI, Thalassery and it was conveyed that the call is from ATM service of the SBI, and got ascertained whether the complainant applied for PIN number to use her ATM. When the complainant said yes, it was responded in Malayalam in Tellicherry slang that the pin number would be given in online and for giving the same all the details of the ATM card which furnished should be repeated once again. On a matter of surprise, message came to her mobile phone with an indication of zero balance. In fact as on 01/09/2015, the balance stood in the account was to the tune of Rs.51,131.86/-. Immediately within 45 minutes complainant approached the bank officials and intimated it around 10 am about the same to bank officials. It is told to the complainant that the money is withdrawn for online purchase by somebody. On hearing this complainant demanded the manager to struck the transaction immediately as there is a provision to take back the money. It was because on an online purchase the delivery of the goods should take one week and more days. There is no alterative solution in front of the complainant rather than to compel the bank officials. But then bank manager prolonging the matter on one pretext or other. It indicates itself that some intruder from the said bank might have been aided for the extortion of money from the complainant’s account. The complainant demand bank statement at the same time but it was in vein. The bank issued the bank statement of complainant only after two days from the date of the incident. If it was done within seconds through a touch on computer is enough for frigid the transaction in time. It is clear that the seriousness of the matter has not been handled by the bank officials. Complainant alleged that the bank officials have failed to explain as to how the stronger got the same telephone number and called on the same day suggested earlier by the officials to the complainant. Complainant alleged the OP committed utmost negligence in handling the matter as it was incumbent upon the OP to take back the money and to struck the delivery of the online shopping goods in timely intervention.
According to complainant the OP whom the complainant entrusted the money was liable to refund the money ie Rs.51,131.86/- with bank interest till today with Rs.1,00,000/- compensation for the negligence and non intervention as the OPs were refused to listen to her request.
After receiving notices OP entered appearance through counsel and filed version. It is submitted by the OP that it is true that there is an SB account with the OP bank by bearing No.10618621026 in the name of complainant.
The OP is denying the statement the toll free number 1800-112-211/1800-425-3800 was given an official contact number for fresh Pin number for ATM card. The OP never gave the above toll free number for obtaining pin number for her ATM card. The complainant herself has contacted through the above toll free number and that is not by the advice of the OP. The toll free number is not for obtaining the PIN of ATM card. The OP has never advised so. Whatever she has spoken to the fraudster for ATM pin will never be fall upon the OP. Further, this OP is denying the statement that the bank manager prolong the mater for a solution in this case. But on the other hand, the OP has helped her in all respects. The bank has taken every step and also given all the information to the police for a speedy enquiry and investigation for finding out the culprit. The statement that the OP has not given the account statement on the same day is also incorrect. Whenever, she has requested for the statement the same was given. There is absolutely no negligence on the part of the OP. A blunder has been done by the complainant by disclosing all the sensitive information to the fraudster and thereby the amount from her account was lost. The same cannot be put on the head of the OP. This OP is not liable to return the lost money to the complainant. The same is lost on account of her own negligence.
The pin number of ATM card is giving from the bank itself after applying for the same. In this case, the complainant without contacting the OP directly contacted through the toll free number and given all the sensitive information regarding her account as well as the details of her ATM card to the fraudster. Only after losing her money she has contacted the bank and told to the bank staff that she has given the information regarding her account and also in respect of the ATM card to a 3rd party called her by saying that he is from ATM card section. The negligent attitude of the complainant invited the loosing of money from her account. After the loosing of money she came to the bank and complained that an amount of Rs.50,977/- is lost from her account. The bank officials enquired regarding all the SMS received in her phone and to which complainant confirmed to the OP that at the request of the fraudster, all SMS and SMS towards OTP were deleted by her. She has filed a complaint to the Tellichery police on 16/09/2015 and based on her complaint an FIR was registered by the Thalassery police. On the request of the police the OP has provided a copy of statement of account for a period of 1 year to the police and complainant. After receiving her complaint the OP as advised the complainant to freeze the account and with her permission the bank has breezed the transaction in the said SB account. On her complaint, the Thalassery police has registered a crime by number 1577/15 u/s 420 of IPC and it is found that the address of the party is false and not found out the fraudster concerned. It is mistake committed by herself and her own mistake cannot be pass on to the OP bank for getting an undue advantage by filing the above complaint and prayed for the dismissal of complaint.
Complainant has filed her chief affidavit with documents. She has been examined as Pw1 and marked Ext.A1 to A4. On behalf of OP, Deputy branch manager of OP bank Mr. Cyril Jose filed his chief affidavit and was examined s Dw1. Two documents Ext.B1 and B2 were marked on the side of OP.
After that both learned counsels of the parties field their respective argument notes. The learned counsel for OP also made oral submission. We have perused the available material evidence before and also considered the submissions of both learned counsels.
In the instant case, there is no dispute that the complainant had an SB account with the OP by bearing NO.10618621026 and the alleged incident took place on 15/09/2015.
The case of complainant is that to obtain fresh Pin Number as she forgotten the Pin number, the OP bank officials had given a toll free number 1800-112-211/1800-425-3800 to her. There upon complainant contacted the said account on 02/09/2015 and disclosed when reciprocally demanded to give the ATM card number, Validity, rear side Number written on the ATM card, SB account number, address to them. Then reciprocated further informed that an extra amount would be charged for giving New Pin number and the number would be given only after two weeks. Further on 15/09/2015 she got a call to her mobile number which was linked with the account number and conveyed that the calls is from ATM service of the India and the confidential details was repeated by the complainant. After that she got a message with an indication of zero balance in her account ie she lost Rs.51131.86 from her account.
Complainant alleged that immediately within 45 minutes after transferring her account, she approached the bank officials and intimated and demanded to struck the transaction immediately as there is a provision to take back the money as it was because on an online purchase the delivery of the goods should take one week and more days. But the then bank manager prolonging the matter to one protext or other. Then at the same time she demanded bank statement. OP issued the bank statement only after two days. According to complainant due to the delay in issuing bank statement, she could loage complaint before Thalassery police station only on 16/09/2015. Complainant alleged that the OP committed negligence in handling the matter as it was the responsibility upon the OP to take back the money and to struck the delivery of the online shopping goods in timely intervention.
On the other hand OP contended that the bank officials of OP had not given the toll free number as alleged by the complainant to her for taking fresh pin number in on for ATM card. According to OP, as per Ext. B2 circular of SBI corporate centre, Mumbai dated 25/10/2016, the state bank of India has introduced online obtaining of pin from 01/11/2016 onwards only. So up to the end of 2016 there was no online obtaining of ATM pin No. from SBI. That is why neither OP bank or its staff never advised the complainant for using the toll free number for getting the fresh pin number of her ATM card. The pin number of ATM card is giving from the bank itself after applying of the same. OP contends that the complainant without contacting the OP directly, collected the toll free number from other sources, and directly contacted the said toll free number and given all the sensitive information regarding her account as well as the details of her ATM card to the fraudster. OP further contended that on parting the said sensitive information, the fraudster demanded an extra amount from the complainant and charged for giving new pin number and also told her that the pin No. would be given only after two weeks. According to OP this practice is unknown to SBI. Further online obtaining of ATM Pin was introduced by the State Bank only from 01/11/2016 onwards, so the contention of complainant is false. According to OP, the complainant’s money was lost form her own negligence by disclosing all the sensitive information to the fraudster. Further stated that after losing the money from the complainant’s account, she has contacted the bank and gave the complaint. The bank officials then and there enquired regarding all the OTPS received by her as SMS in her pone to which the complainant confirmed the OP that at the request of the fraudster all SMS and SMS towards OTP were deleted by her. Further after receiving her complaint, immediately OP freeze her account with her permission. On complaint by her, police has registered crime under s.420 of IPC and on enquiry the fraudster was from a place called Kovidhi in Jharkhand state and also found that address of the fraudster was false. Complainant alleged that she contacted OP bank Manager immediately after losing her money for online purchase, then if the manager struck the transaction immediately as there is a provision to take back the money, the manager prolonging the matter on one protest or other. During cross-examination of Dw1, the learned counsel for complainant put a suggestion (in page 3) ഇതുപോലെ ഒരു Fraudulent transaction നടത്തുന്പോള് Manger വിചാരിച്ചാല് തടയാന് സാധിക്കില്ല എന്നു പറഞ്ഞാല്? (A) ശരിയല്ല, Transaction നടന്നുകഴിഞ്ഞാല് ഒന്നും ചെയ്യാന് കഴിയില്ല. Another plea of complainant is that OP has committed delay in issuing bank statement to her. For the said point Dw1 has replied that the bank statement was issued immediately on getting request for that. Further there is no evidence to show that complainant has filed complaint before banking ombudsman. In the instant case on evaluating the entire evidence, it is evident that the complainant herself has called in the toll free number, and informed all the sensitive information to a third person. Since the Ext.B2 circular issued on 25/10/2016, the OP bank’s contention that as there was no online obtaining of ATM pin number from SBI up to the end of October 2016, neither OP bank nor its staff advised the complainant for using the toll free Number given in the compliant for getting the fresh pin number of ATM card is believable. Moreover after the fraudulent transaction, deleting of all the OTPs received by as SMS in her phone at the request of the fraudster is also a fault from the side of complainant. The non-production ATM card before the commission is also a suppression of evidence from the side of complainant. The learned counsel of complainants submitted that as per section 5 of bank commitment Act, the bank has responsibility to protect the customers’ grievance. Here it is evident that the amount was lost, due to disclosing of secret information about SB account and ATM card details, by the complainant herself to wrong hands, there is no deficiency in service on the part of OP.
Considering the aforesaid facts and circumstances of this case, we are of the view that complainant failed to establish her allegations against opposite party. Hence there is no deficiency in service or unfair trade practice on the part of opposite party.
In the result complaint fails and hence the same is dismissed. No order as to cost.
Exts.
A1-Copy of bank pass book (subject to proof)
A2-Copy of bank statement(subject to proof)
A3- Complaint to SHO Thalassery
A4-Paper publication
B1-Final report
B2- Circular of SBI
Pw1-complainant
Dw1-Cyril Jose Tharakan-Witness of OP
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
